Ontario requiring employees to disclose electronic monitoring

Ontario’s Ministry of Labour, Training and Skills Development has announced plans to introduce new legislation later this month that would require employers to tell their workers if and how they are being monitored electronically.

What does this mean for employers? In the event that this legislation passes, employers will need to be transparent about whether and how they monitor their workers through computers, cell phones, GPS systems and other electronic devices.

“Whether you are a delivery person being followed by GPS, a construction worker using a company phone, or an office worker logging in from home, you deserve to know if and how you are being tracked,” said Monte McNaughton, Minister of Labour, Training and Skills Development in a statement.

“The future of work is changing, which is why our government is leading the country to ensure workers remain in the driver’s seat.”

The proposed provincial laws state that employers with at least 25 workers would need to develop a written electronic monitoring policy for their employees. This document would need to state whether the employer monitors its employees via electronic devices as well as a description of how and under what circumstances the monitoring occurs. Finally, the employer must also provide a reason for monitoring the employee via electronic devices.

The legislation follows other legal measures put in place to prevent discriminatory barriers against foreign-trained professionals and establish the “Right to Disconnect.”